Malcolm Heinicke

Malcolm Heinicke is a partner that represents corporations in complex employment and commercial litigation, with a focus on class and collective actions and employee mobility matters. He also counsels high-level executives on employment and career planning.

Top-ranked by Chambers USA for Labor & Employment law, Malcolm has also been selected by the Daily Journal as one of the top labor and employment attorneys in California every year since 2009.

He has handled trials, arbitrations, appeals and counseling matters for a wide variety of leading national and California clients, including Bechtel, GardaWorld, General Dynamics, Johns Manville, Plains All American, See’s Candies and Wells Fargo.

Malcolm served as co-managing partner of MTO from 2019-2025. He was a summer associate at the firm and joined the firm as a lawyer out of his clerkship in November 1998. He was elected to the partnership in December 2003.

Malcolm is a native Californian. He and his wife and their three children live in San Francisco. In his spare time, he plays baseball, golfs and enjoys local politics, public transit and California history.